PRIVACY POLICY

Last Updated: February 1, 2019

This Privacy Policy (“Policy”) explains how Swimmingly, LLC, a North Carolina limited liability company (“Swimmingly,” “we,” “us,” or “our”), collects, uses and discloses your personal information. This Policy applies to information we collect when you or your Organization (as defined below), as applicable, use our website(s), mobile applications and other online products and services where this Policy is posted, including the Swimmingly™ website, SwimminglyApp and Swimmingly Fan App (all such websites, applications, products, and services, severally and collectively, the “Services”). Your use of the Services constitutes your acceptance of the terms of this Policy and your consent to the collection and processing of information as described in this Policy.

We may change the terms of this Policy at any time and will indicate when changes have been made by revising the date at the top of this Policy. Your use of the Services following the posting of such changes shall constitute your consent to such changes. We encourage you to review this Policy whenever you access the Services to make sure that you understand our information collection, use and disclosure practices, and also to determine whether changes to this Policy have been posted since you last accessed or used the Services.

If we make material changes to this Policy, we will provide you with additional notice of such changes by sending a notice to the primary email address associated with your account or registration or by placing a prominent notice on our website.

Contact Us

If you have questions or concerns regarding this Policy or to request changes to your personal information, please contact Swimmingly using the following contact information:

Swimmingly may collect information that you provide when you use the Services, such as when you: (1) create an account or register as a member; (2) make a purchase; (3) participate in contests, events or promotions; (4) send questions or comments via email or other methods of communication to Swimmingly; (5) fill out online surveys; (6) create user-generated content that is submitted or posted through the Services; and (7) otherwise communicate with us through the Services.

The types of personal information that you provide may include your name, email address, telephone number, postal address, user name, password information, birth date and other contact, identifying, or demographic information that you choose to provide.

When you access or use our Services, we may also automatically collect information about you and your device. For example, when you visit our websites, we collect information about your device’s operating system, Internet Protocol address, access times, browser type and language and the URL of the website you visited before navigating to our Services.

If you make a purchase via the Services, you may be required to provide certain payment information, including your credit card number, to a secured third-party payment processor. Credit card information is provided to such payment processor through a portal linked to the Services and is not viewable by us, stored by us, or otherwise accessible to us.

If you participate in a swim league, club, team, or similar organization that maintains an account or uses the Services (“Organization”), the Organization may provide information to us in order to utilize the features and functionality of the Services, such as participant, eligibility, roster, times, results, and other contact, identifying, or demographic information. In addition, Swimmingly collects swim meet times and results available from public swim meets.

How does Swimmingly use your information?

We use personal information collected through our Services for purposes described in this Policy or otherwise disclosed to you on or in connection with our Services. For example, we may use your information to: (i) send you advertising or promotional materials; (ii) operate and improve our Services; (iii) provide and deliver the products and services you request, process transactions, and to send you related information, including confirmations and invoices; (iv) enable Organizations to utilize the features and functionality of the Services, including facilitating communications among the Organization’s participants, members, and others; (v) provide users of the Swimmingly Fan App with standard meet result information and other user-generated content; (vi) send you technical notices, updates, security alerts and support and administrative messages and (vii) respond to your comments, questions and requests and provide customer service. Swim meet times and results that Swimmingly collects from public swim meets are used to provide standard meet result information to coaches, parents, swimmers, and spectators.

What are Swimmingly’s disclosure practices for your personal information?

We do not share your personal information with third parties other than as described in this Policy or in connection with the Services. We will share your personal information under the following circumstances: (i) with your consent; (ii) with third party vendors, consultants and other service providers who may work on our behalf and need access to your information to carry out their work for us; (iii) with your Organization in connection with the features and functionality of the Services; (iv) to the extent necessary to provide users of the Swimmingly Fan App with standard meet result information and other user-generated content; (v) when we believe it is necessary or appropriate to (a) comply with applicable law or legal process or to respond to lawful requests or legal authorities; (b) protect the rights and property of Swimmingly and our employees, agents, users and other third parties, including to enforce our agreements, policies and www.swimmingly.app/terms-of-use and protect against fraudulent, abusive, inappropriate, or unlawful use of our Services; and (c) protect the safety of Swimmingly users or any third party and (vi) in connection with, or during negotiations of, any merger, sale of company assets, bankruptcy or reorganization, financing or acquisition of all or a portion of our business to another company or organization.

Third Party Websites and Applications

The Services may offer social sharing features and other integrated tools from third party providers which let you share actions you take on our Services with other media, and vice versa. The use of such features may enable you to share information with friends, family or the public, depending on the settings you establish with the third party that provides these features. These features may also collect your IP address, which page(s) you are visiting on our Services and may set a cookie to enable the features to function properly. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

To provide relevant information not found on our Services, and to allow you to interact with other websites and/or applications in which you may have accounts (such as Facebook and other social media sites), Swimmingly may provide links or embed third-party applications that allow login from our Services to third party websites. Swimmingly will notify users when they are leaving the Services or otherwise indicate that you will be going to a third-party’s site. Your use of these third party websites and/or applications is subject to the third parties’ privacy policies, and we encourage you to read the third parties’ privacy policies before submitting personal or other information or using the websites and/or applications.

Cookies

Like most websites, our website uses cookies to collect certain information that helps us determine if a particular device has accessed the website in the past and understand how our website is being used. Cookies are data files placed on a device when it is used to visit a website, and can recognize repeat visits by users and collect information about users’ interactions with the website. We collect this information to track usage of the website and compile statistical reports on website activity. We may also use cookies to deliver content specific to your interests, save your password, and save other personal information so you do not have to reenter it each time you use the Service. Most web browsers allow you to choose whether to accept cookies, reject cookies, or receive notice each time a cookie is sent to you. If your browser is set to reject cookies, our website may not recognize you when you return and some website functionality may not be available.

Information Choices and Changes

If you have registered for our Services, you may at any time review and/or update the information we have for you or inform us that you want us to anonymize or remove your information from our database by either contacting us using the “Contact Us” link on the Swimmingly website or contacting your Organization’s representative. With respect to information provided to us by your Organization, please contact the Organization for options regarding the manner in which information is obtained, entered, displayed, and managed.

You may opt out of receiving promotional emails, text messages or mail from Swimmingly by declining to receive such communications at the time of registration or at the time you otherwise provide the information to us. You may also opt-out of receiving promotional emails or text messages by following the instructions in those emails or text messages or by sending an email to the email address set forth in the “Contact Us” section on our Swimmingly website. If you opt out, we may still send you transactional or relationship messages, such as emails about your account or our ongoing business relations.

Safeguarding Your Personal Information

Swimmingly has established policies to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. For example, Swimmingly has established policies to provide you with a reasonably secure connection when you create an account or enter payment information (encrypted) for the purchase of a product or service. Although we make good faith efforts to store the information collected in connection with the Services in a secure operating environment that is not available to the public, these measures do not guarantee that such information is completely secure and we cannot guarantee complete security.

How Long We Retain Information

Swimmingly retains your information for business purposes for as long as your account is active and/or as long as is reasonably necessary to provide you with our products and services; thereafter, we may retain your information for as long as is reasonably necessary or appropriate for backup, audit, or regulatory purposes, or to fulfill a legal requirement, resolve disputes, or enforce our agreements. Deactivating your account may not remove information that your Organization manages or was not otherwise collected from you.

Our Policy Toward Children

The Services are for a “general audience” and are not directed to individuals under the age of 13. We do not knowingly collect personal information from individuals under the age of 13. If we suspect that a user of the Services is under the age of 13, we will take steps to terminate accounts created by such user and to delete any personal information collected from such user.

If an individual under the age of 13 participates in an Organization that maintains an account or uses the Services, the Organization may provide information about such individual to us in order to utilize the features and functionality of the Services. A parent or guardian of such individual, by using the Services or otherwise permitting such individual to participate in the Organization, is permitting the Organization to provide us with such information for the uses and disclosures described in this Policy, whether such information was originally provided to the Organization by the parent or guardian or independently generated by the Organization. If you are a parent or guardian and think we have unauthorized information about your child under the age of 13, please contact us using the email address set forth under “Contact Us” above.

International Users

The Services and our operations are based in the United States. By using our Services, you understand that the information you provide to us will be transferred to the United States, which may not provide the same level of legal protection for your data as your home jurisdiction.